Psychiatric Injury Template

Question 1

1. If a person suffers psychiatric injury….

Answer 1

Due to Ds negligent actions they may be able to claim for psychiatric injury as long as they have evidence that it exists, Dulieu v White.

Question 2

2. Where there is a psychiatric injury…

Answer 2

Courts draw a distinction between primary and secondary victims.
Primary victims are those that were actually present at the event and feared for their physical safety.
Secondary victims fear for others however are not in physical danger themselves.
APPLY

Question 3

3. Primary victims have to prove…..

Answer 3

That they suffered psychiatric injury.
In White v CC of South Yorkshire the court stated ‘only recognisable psychiatric harm ranks for consideration. Where the line is to be drawn is down to psychiatric evidence.

Question 4

4. primary victims can….

Answer 4

Claim for psychiatric injury as they were present at the accident/incident and feared fr their physical safety ad reasonably foreseeable psychiatric injury resulted from that situation.
APPLYs

Question 5

5. Rescuers can claim…..

Answer 5

If they can prove they were in the zone of physical danger and were at risk of physical injury themselves they will be considered primary victims and able to claim damages for reasonably foreseeable psychiatric injury, Chadwick v British Rail.
However if they weren’t at risk of physical injury themselves they wot be able to claim, White v CC of South Yorkshire.
APPLY

Question 6

5. Secondary victims….

Answer 6

Fear for the safety of others and aren’t in physical danger themselves.

Question 7

7. Firstly SV must prove…..

Answer 7

They suffered psychiatric injury. In White v CC of South Yorkshire the court stated ‘only recognisable psychiatric harm ranks for consideration. Where the line is drawn is down to psychiatric evidence.’
APPLY

Question 8

7. Before they can claim secondary victims need to….

Answer 8

Fulfil the criteria established in Alcock v CC of South Yorkshire.
1. A close tie of love and affection to a primary victim. APPLY
2. Witness the event with their own unaided senses. APPLY
3. Proximity to the event or its immediate aftermath. APPLY
4. The psychiatric injury must be caused by a shocking event. Sion v Hampstead Health Authority - there was a steady decline in the son’s health so no shocking or sudden event so the claim failed. North Glamorgan NHS trust v Walters- a mother witnessed horrifying events over 36 hours and separate events but was able to claim. APPLY.
The c in McLoughlin v O’brian would have fulfilled the criteria even thigh this case was decided before Alcock.
APPLY

Question 9

Evaluation (only write if necessary)

Answer 9

Problems with rules relating to psychiatric injury:
- Floodgates of litigation
- Still have to prove you suffered psychiatric injury

Problems people face:
- Getting a diagnosis of psychiatric injury, Reilly v Merseyside Regional Health Authority - insomnia and claustrophobia didn’t class as psychiatric injury after being trapped in a lift.

• Rescuers have to be at risk of personal injury.
• Close tie of love and affection but what about friends and work colleagues?
• Immediate aftermath
• Sudden trauma - is it fair to draw a difference between Walters ad Sion case?

Law commission 1998 suggests reform - removes the requirement of close ties of love and affection which removes unaided senses and sudden trauma.